Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-02-18
RESTRAINING DAMS.


OOAs'Ao~A
No. AL.
Assemblyman Variel's bill providing for
the impounding of mining debris was up
for further consideration last evening be-
fore the Assembly Committee on Water
Rights and Drainage. As on the preced-
ing evening, the Supreme Courtroom,
where the meeting was held, was filled
with ndividualsinterested in the measure
the farmers fighting its adoption, the
miners urging its passage. Itbeing meas
ure that brings up the entire debris
question, there is much to be said ON both
sides, and the time of the committee being
limited, they had to limit the time of the
speakers. The Chairman announced that
one hour and half would be allowed the
opponents of the measure, and an equal
length of time allotted to those favoring its
passage.
Hon. E. A. Davis, of Marysville, ex-Sen-
ator of Y uba county, was the first speaker.
He prefaced his remarks by saying that he
labored under some embarrassment from
the fact that he had no doubt but that
majority OF the committee were disposed
to favor the bill, and he did not suppose he
could talk long enough to convince
some of them. He objected to the bill
because ii was an unconstitutional measure,
and contained provisions of an unconsti-
tutiohal nature. 1t is neither good nor
proper legislation. He had listened to
General Harris argument the preceding
evening and agreed fully and entirely with
him. No one would be more pleased than
himself and those he represented, if the
interest of the conflicting industries could
be conserved. No one appreciated the
vastness and value of the mining interests
more than did he, but because it is great
and important, it does not deserve to be
prosecuted, to the loss and ruin of equally
as vast and important industries. If the
mines could be run so as to injure no one,
none would be better pleased than those
who reside in the valleys and along
the navigable streams. For years
have they been litigating, and
this question has been finally
settled against the hydraulic miner. This
bill, if it seeks anything, seeks to reopen
this controversy He reviewed the actions
of former Legislatures, reviewed all the
Acts proposed and passed seeking to settle
this question, which for time paralyzed
both industries. The farmer had ever
been willing to compl omise upon any basis
whereby mining, as a legitimate business,
could be pursued and the valleys saved
proved an abortion. The dams constructed
were found to be inadequate. They proved
an utter failure once, and the valley peo-
pie were not willing to trust them
again. They had been tested sufficiently
to determine the fact that the pro-
posed measure, as ali its predecessors,
would prove disastrous to the valleys. Not
in single instance has a dam been con-
structed that restrained more than 20 per
cent. of the debris, and the 80 per cent
that escaped was that which wrought ruin
in the valleys. We hold that it cannot be
done; that the measure is impracticable.
Those dams will be failure, and the law,
as laid down by the Courts, will still be
enforced. If they cannot restrain more
than 60, 70 Or so per cent. of the flowing of
debris, then the building of restraining
dams will be farce and the valley people
willnot submit. They cannot retain behind
the dams sufficient to protect the farmers or
save them from the decisions of the Courts.
1t seems to be an irrepressIble conflict. He
could see no common ground of settle
ment This bill is intended to give SEM
blance of legality to perform an illegal
act, and its passage will cause endless liti-
CATION He then took up the bill section
BY section and analysed it, claiming that it
was ingenuously drawn by the author for
that purpose.
S. J. Stabler, of Suffer county, followed
his line of argument, varying but little
from that of Mr.. Davis. He said this bill
aimed at the very existence OF the valleys,
and opens up all the litigation of the past
fifteen years.
g. w. Hancock, of Sacramento, repre-
senting the farmers in this county on the
Costumes river, was the next speaker. He
submitted the following:
To the Honorable, the ASSemNy Committee on
JI'dter Rights and DrGiRagc-DEAR SIRs: At Il
meeting of the Directors of the Anti-Debris
Association of the Costumes river valley, the
following preamble and resolutions were I'M
animously adopted
WHEREAS A bill is now pending for considera-
ton before the Assembly Committee on Wafer
Rights and Drainage authorizing the construe-
ton of dams and to legalize the continuance of
hydraulic mining; and, whereas, the people
living in the Costumes river valley have s,is-
tanned great injury in the past from hydraulic
mining on the Costumes river, and great por-
tim OF the most fertile land in the State has
been irreparably damaged and whereas, the
dams so called, that have been erected in the
gulches and ravines leading into the Costumes
river, while restraining the heavier stones, have
permitted the lighter material to pass into the
river and do serious injury to the river channel
and the adjacent lands; and whereas. no dams
can be constructed which will res. Jain the
slickens and lighter material causing the dam
age in the past
Resolted By the Anti Debris Association of the
Cosumnes-riyer Valley, that we do earnestly ,tI,
that we do call upon our representa-
tives in the Legislature to. use al
honorable means to secure its defeat;
that the passage of said bill would be step
backward, and would, in The COsumnes-river
valley, add to the injuries already done, and
would compel our people TO abandon their
homes. W. II. DIXON, President.
GEO. W. HANCOCK, Secretary.
Agu IJo.oool- thor, c,ova con-, n IN arasti,.,
statistics and observations regarding the
damage done the channel of the Cosumnes
river and the adjacent lands by the debris
from the Hill Top mine.
l.. l.. Robinson appeared on behalf of
the miners and in defense OF the measure.
He had lengthy and carefully prepared
argument which he read from manuscript
1t dealt largely in figures and statistics and
had numerous quotations in support Of his
position from eminent engineers. He also
read largely from evidence given at the
various trials and declared that the miners
had been all along, and were now
lied about and maliciously misrepr6-
sented. He referred to numerous
dams of large dimensions that had
stood for 30 years and upwards, and state
ments from % engineers. who said that de-
bris could be restrained. He said mining
had been carried on since 1913. The placer
workings, prior TO the advent of the n.y.
draulic process, had filled the mountain
streams with debris which had been piecip-
itated into the va ley by the floods of 1861
and 60 The excavations of the hydraulic
mines gave the lie to the statement
that all the debris came from them
He then gave the extent of the pits
of the various by Or lulic mines, and
compared that with the sworn statement of
the valley people as to the amount in the
rivers and bays, and showed the wide
difference in the amounts, and said
it conclusively showed that the mi
ners complained of, if responsible
for any of it, which they did not deny,
were responsible for but small portion of
the amount with which they were charged.
He then detailed the extent and value of
the mines, and contended that the adoption
of the present bill would give ample pro-
lection to the people of the valley, whom
the miners did not seek to ipjure, and
would infuse new life into sections now
paialyzed.
Mr.. Dunn of Placer county followed Mr..
Robinson, and urged the passage of the
bill from miners standpoint.
The committee adjourned at II o'clock,
without taking action. They will meet at
the noon recess to-day, when, it is alto
gether likely, they will report the bill back
to the House, with a recommendation that
it do pass.